Topic: the military judge has an independent duty to determine and… · Go Syfert
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Topic #21612

3 canonical passages across 2 cases, quoted by 19 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from United States v. Ober.

#Case FlagCanonical passage Citers
1 United States v. Ober Anchor
armfor · 2008
green “the military judge has an independent duty to determine and deliver appropriate instructions.” 14
2 United States v. Westmoreland
cma · 1990
green “must bear the primary responsibility for assuring that the panel properly is instructed on the elements of the offenses raised by the evidence as well as potential defenses and other questions of law.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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